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Lenski Peasant - and - Slave - in - Late - Antique - North
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Historiography 1
Case Studies
Historiography 2
Concluding Remarks: The Birth of a New Short Late Antiquity .............. 215
Hervé Inglebert
NOEL LENSKI
One of the most enduring questions in the study of Late Antiquity is that
of labor organization and land tenure. From Marx, to Fustel de Coulanges,
to Weber in the nineteenth century, through Rostovtzeff, Mazzarino,
Štaerman, and Finley in the mid-twentieth and up to the present with Lo
Cascio, Vera, Carriè, Banaji, Wickham, Sarris, Grey, and Harper, the
question has preoccupied some of the greatest historical minds.1 Did Late
Antiquity open a new chapter in the organization of labor relations? Or
was it simply more of the same? Did it remain a period whose economic
organization was characterized by what Marx termed the “slave mode of
production” and Finley repackaged in sociological terms under the concept
of a “slave society”? Or did it, as both Finley and Marx agree, give way to
some form of bound dependency short of enslavement, a condition the
mid-twentieth century was content to label “serfdom”? Based primarily on
evidence from Egypt, Banaji and Sarris have recently restated the case for
the rise of a new mode of tenant labor organization with the rise of great
estates populated by tenant laborers working on long-term (essentially
permanent) rental contracts known in the sources generically as coloni.2
Even more recently, however, Harper has taken a very different position
and made the case that late Roman society remained a Finleyan “slave
1
Weber 1891; Fustel de Coulanges 1894; Rostovtzeff 1910; 1957; Mazzarino
1951; Štaerman 1957; Finley 1973; 1980; Lo Cascio 1997; Vera 1983; 1987; 1992-
1993; Carrié 1982; 1983; 1997; Banaji 1997; 2001; Wickham 2005; Sarris 2006;
Grey 2011; Harper 2011. I should like to thank Monica Hellstrom for her helpful
discussion of this paper as well as Dennis Kehoe and Domenico Vera for their
careful readings and useful advice.
2
Banaji 2001; Sarris 2006.
114 Chapter Six
3
Harper 2011, 144-200, 497-509.
4
Especially the work of Vera and Giardina; cf. Giliberti 1999; Rosafio 2002.
5
Carrié 1982; 1983; 1997.
6
Harper 2011, 153–55: “Suffice it to say that Carrié’s initial critique forever
undermined the idea that the colonate was a ‘replacement’ of the slave system or
that it created an intermediate serf–like status between slavery and freedom.” See
also Harper 2012, 169: “Second, one of the central components of the narrative of
transition from ancient slavery to medieval serfdom has disappeared, at least in
anything like its classic form: the colonate... Indeed, just as the colonate is a
‘historiographical myth,’ so too the conquest thesis is an ‘economic myth’.”
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 115
elite. I explore the question over the longue durée, for only thus can we
hope to determine whether there was in fact a transformation in labor
relations during Late Antiquity, or any other period for that matter. To
anticipate my conclusions, I will argue based on what should represent a
fairly comprehensive examination of available sources that, even if there
may have been a “slave society” elsewhere in the Roman Empire in the
fourth century, there is no solid evidence that this was the case for North
Africa at any period between the first and sixth centuries CE. Indeed,
while plenty of evidence for agricultural labor in the region exists, most of
it points to the use of tenants for the generation of surplus on the estates of
the emperor and the political and economic elite in all periods of antiquity
with the possible exception of the second and fifth centuries—the later
only in the post-Roman period of Vandal occupation. Second, I hope to
demonstrate that, although tenancy remained a prevailing—usually the
prevailing—mode of rural labor organization, it did in fact shift in Late
Antiquity with the rise of the bound colonate. The net effect was a marked
reduction in the freedom of farm laborers, who had formerly been given
considerable sway in the management of their tenancies but lost this to a
welter of state regulation. This alteration to traditional forms, well attested
in the writings of Augustine, then saw further shifts with the arrival of the
Vandals, who appear to have relied much more heavily on slaves. With the
East Roman reconquest of North Africa, the imperial fiscal administration
made a half-hearted effort to reimpose a bound colonate but essentially
faltered in the grip of the centripetal forces that always made the binding
of tenants difficult, and particularly in a region where longstanding local
custom had favored freer forms of tenancy since the early empire. In this
sense, Late Antiquity did indeed witness a period of transformation in the
organization of agricultural labor, but not one that was unidirectional. The
heavy, if hardly predominant, reliance on slave agricultural labor in the
second century gave way to the much more intensive use of bound tenant
labor under the dirigiste state of the fourth century, and in turn to the
opportunistic exploitation of slavery in the fifth, only to revert to patterns
of bound tenancy, albeit with limited success, in the sixth. Insofar as this is
true, a Finleyan “slave society” is not to be found in any period of Roman
rule in North Africa, least of all in the long fourth century.7
7
Vera 1988 already reaches similar conclusions to those presented here. So too
Lassère 2015, 205-6, 261-280; Whittaker 1978; 1980; Garnsey 1998, 473: “North
Africa was a slaveowning rather than a slave society.”
116 Chapter Six
8
More on the landscape of North Africa and its effects on habitation and
agriculture at Lassère 2015, 21–26, 201–43.
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 117
But they [i.e., disputes between private landholders and civic communities]
often occur in the provinces, especially in Africa, where private individuals
have estates no less extensive than the territory belonging to a civic
community (res publicae territoria); indeed, many estates are far bigger
than territories. Moreover, private individuals have on their estates a not
insubstantial population from the lower orders (populum plebeium), and
villages (vici) scattered around their country house rather like towns
(municipia).12
9
Whittaker 1978. On tensions between nomads and sedentarists over territorial
control, see CIL 8: 8369 = ILS 5961with Kolendo 1991, 32. See Mattingly et al.
2013 for a survey of fortified farms and villages in Africa.
10
The Numidian vicus Phosphorianus at Aïn Melouk near Thibilis controlled
some 4425 ha, cf. Desanges 1989. Shaw 1992, 92 argues that at Lamasba (̓Ain
Merwâna), also in Numidia, a dozen families controlled 72% of the land recorded
at CIL 8: 4440 = 18587 = ILS 5793 (220s). For archaeological evidence of large–
scale property concentration in the Segermes Valley, see Dietz et al. 1995,
11
Plin. Nat. Hist. 18.6.35: latifundia perdidere Italiam, iam vero et provincias; sex
domini semissem Africae possidebant, cum interfecit eos Nero; cf. Sen. Ep.
19.5[114].26.
12
Agennius Urbicus, De controversiis agrorum: Inter res p. et privatos non facile
tales in Italia controversiae moventur, sed frequenter in provinciis, praecipue in
Africa, ubi saltus non minores habent privati quam res p. territoria; quin immo
multi saltus longe maiores sunt territoriis: habent autem in saltibus privati[s] non
exiguum populum plebeium et vicos circa villam in modum municipiorum
(Campbell 2000, 42–43 with 349–50 n. 56). On the date of Agennius Urbicus, see
Campbell 2000, xxxi–xxxiii.
118 Chapter Six
13
See also Vita Melaniae Latina 21 (Laurence pp. 194-95): quae possessio maior
etiam erat civitatis ipsius (speaking of the estate of the Valerii near Thagaste).
14
CTh 11.28.13 with Lepelley 1967. See also Crawford 1976, 57-59 for a
provisional list of known imperial estates.
15
Fentress et al. 2004, passim, esp. 160: “In spite of a tendency to agglomerate, the
African countryside remained marked by a highly differentiated settlement pattern,
with villages, small farms and towns surviving beside the villas of the urban elite.”
On a micro-regional level, Leveau 1984, 281–397 explores the variety of
productive strategies and their correspondence with landscape and labor in the area
around Caesarea. Invaluable is the survey of North African archaeology at
Mattingly and Hitchner 1995.
16
For a sampling, see Lengrand 1996, 112–16.
17
So Lassère 1977, 647–62.
18
Picard 1959, 64, 373; cf. Lassère 2015, 20–22.
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 119
19
Vera 1988, 986. Similarly for other parts of the empire, cf. Hickey 2007; 2012,
62–89.
120 Chapter Six
20
CIL 8: 11824 = CLE 1238; cf. Shaw 2013, 48–92, with bibliography and further
references. Banaji 2001, 190–212 makes a case for the centrality of wage labor in
early Byzantine Egypt, but see now the critique of Freu 2013.
21
Whittaker 1978, 335–41.
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 121
22
See Flach 1978 and Kehoe 1984a; 1985; 1988, 28–70 for a complete set of
editions and translations; cf. Flach 1982 and Kehoe 1988 passim for analysis.
Kolendo 1991[1976], 34-45 remains useful; and see Hobson 2015, 54-61.
23
I follow the text established at Kehoe 1984a, 198–201; 1988, 29–38. See also
Flach 1978, 476–84. Kehoe’s reading now supersedes CIL 8:25902 = Riccobono
FIRA2 no. 100.
24
Kehoe 1984a, 202–3; 1984b; 1988, 48–55; Flach 1982, 447–46; De Ligt 1998–
1999, 219–20.
25
For the likelihood of slave laborers on the domanial estates, see already Schulten
1896, 88-91; cf. Vera 1992, 473; Wickham 2005, 273-74. Slaves are mentioned in
the final lines of column IV of the Henchir Mettich inscription as guardians, but
the inscription breaks off before further details can be gleaned.
122 Chapter Six
lease rights (usus proprius) to that newly productive soil which gave them
an exclusive claim to cultivate it and to pass these rights on to their
successors through inheritance. It even gave coloni a grace period of five
years (for vines) and ten (for olives) to bring such new plantations to full
productivity before they owed rent on them.26
This second proviso obviously encouraged the development of
marginal land and thus increased the overall productivity of an estate. It
also encouraged entrepreneurialism among coloni, who gained quasi-
ownership rights from their labors and were thus incentivized to collude
with the imperial fisc––the ultimate owner of the land––in increasing
output. With the HM inscription and indeed all of the Bagrada Valley
texts, the emperor seemed to be further supporting this relationship by
circumscribing the rights of his middleman lessees (conductores) to usurp
the profits of the coloni or otherwise abuse them. By preventing the more
powerful agent in this binary rental arrangement from gaining the upper
hand, the emperor was fostering primary producers and encouraging the
full exploitation of estates that were far too distant and numerous for him
to manage personally.27 This sort of savvy management strategy is only
thinkable in a free labor environment, a fact that must have incentivized
reliance on tenants rather than slaves, who could only be acquired and
maintained with significant capital outlays and whose labor productivity
could only have been increased with coercive strategies that degraded their
physical capacity and compromised their reproductivity.28
A major question that remains with regard to the Bagrada Valley
inscriptions is whether both of the main spheres of regulation––that
concerning rental rates and that encouraging the cultivation of marginal
26
Schubert 2008 offers a radical new reading of the Henchir Mettich inscription
that assumes the provisions on marginal land deal with the sedentarization of
nomads and that the related inscriptions (discussed below) then show an evolution
as these sedentarized tenants faced increasing abuse in subsequent generations.
The thesis is worthy of consideration, but I remain more convinced by Flach’s and
Kehoe’s interpretations.
27
This is outlined brilliantly at Kehoe 1988, esp. at 71–153.
28
Pace Harper 2011, 159–60: “Tenancy inherently discouraged capital investment,
partly because tenants had little reason to invest in long–term improvements and
because the principal cash crops of the Roman empire, grapes and olives, take so
long to mature.” In a general way, Harper’s model is based on the unproven
assumption that Roman landholders’ primary goal was to maximize return on
investment, but much better attested were strategies that minimized risk while
guaranteeing steady returns, see Kehoe 1997; cf. Vera 1983.
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 123
29
De Ligt 1998–1999.
30
Kehoe 1984b, 159–62; 1988, 55–59; cf. Flach 1978, 484–89. Kehoe’s reading
supersedes CIL 8: 25943; 26416 = Riccobono FIRA2 no. 101–102.
31
AE 2001, 2083 = De Vos 2000, 35.
32
Lassère 1977, 298-99; cf. Scholl and Schubert 2004.
33
For the variety of fruits cultivated in the Maghreb under Roman rule, see Lassère
2015, 212–16, with earlier bibliography.
124 Chapter Six
34
Schubert 2008, 253-54.
35
Kehoe 1988, 64-69; cf. Flach 1978, 489-92. Kehoe supersedes CIL 10570;
14464 = Riccobono FIRA2 no. 103.
36
CIL 8: 14428 = ILTun 1220 (Gasr Mezuar). CIL 8: 14451 (Aïn Zaga).
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 125
37
See below n. 106. Hobson 2015, 57-61, 146, 157-60 is less convinced of the
general applicability of the Lex Manciana outside the Bagrada Valley but has
difficulty explaining its regular appearance in the Albertini Tablets.
38
Leveau 1984, 20-22, 82-83, 98-100, 149-53 has shown how the epigraphic
record of Caesarea (Cherchel) indicates a relatively high percentage of slaves in
this urban environment in the first century BCE through third century CE, although
he cautions against assuming this picture applied to the countryside.
39
Blazquez 1998.
40
Apul. Apol. 93.3–5: fructuosissimos agros et grandem domum opulente ornatam
magnamque uim tritici et ordei et uini et oliui ceterorumque fructuum, seruos
quoque haud minus CCCC, pecora amplius neque pauca neque abiecti pretii
donaret.
41
Apul. Apol. 17: Ego adeo servosne tu habeas ad agrum colendum an ipse
mutuarias operas cum vicinis tuis cambies, neque scio neque laboro.
126 Chapter Six
42
Gsell 1932, 402-8; Johne, Köhn and Weber 1983, 372-410. Carlsen 1991 also
concludes that the epigraphic attestations of vilici and actores indicate a heavier
reliance on tenants than slaves in the High Empire.
43
D 33.7.27.1: “Fundum Cornelianum Titio ita ut est instructus cum omnibus
rebus et mancipiis et reliquis colonorum dari volo.” For a similar mix of tenants
and slaves see Aug. Civ. Dei 22.8, discussed below at n. 88.
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 127
Third century
The coexistence of multiple labor strategies in the North African countryside
and the development of tenancy arrangements that simultaneously balanced
the interests of laborers, lessees, and landowners created an economic
boom in the Maghreb that is well attested archaeologically. Interestingly, it
is precisely the sorts of crops most encouraged by the Lex Manciana that
enjoyed the most dramatic growth, especially the olive. Mattingly has
argued that by the third century, the province of Byzacena, and
particularly the semiarid Sahel inland from Hadrumetum as far upland as
Thelepte (Feriana), must have had a minimum of 10 million olive trees
which would have produced some 40,000 metric tons of oil per year by the
fourth century.44 The intensive field survey of the western Sahel around
ancient Sbeitla (Suffetula) and Kasserine (Cillium) has been able to
pinpoint the period of greatest expansion of oleiculture in this westerly
region to the third century, when stone-construction production facilities
with purpose-built oil presses were first installed in great numbers.45 Olive
cultivation in this region thus witnessed a massive growth that must have
been encouraged by the liberal land-tenure policies promoted on imperial
and probably also private estates through the spread of tenancy
arrangements based on the lex Manciana.
The economic and cultural power exerted by the agricultural and
demographic growth of producers has been emphasized in a number of
recent studies, especially in Dossey’s monograph Peasant and Empire in
Christian North Africa. Leslie Dossey argues that the fourth century
evidence for a restive peasantry is not reflexive of resistance to oppression
(as had previously been assumed) but rather of a newfound independence
fostered by economic prosperity and growing self–reliance.46 The same
spirit can be found in the passage of Agennius Urbicus quoted above
44
Mattingly 1988. Matttingly 1985 argues for similarly high figures (18,000 metric
tons / year) for Tripolitanian oil production by the third century. Mattingly, Stone,
Stirling and Ben Lazreg 2001 shows how the coastal city of Leptiminus became a
trading center, manufacturing goods for the export of oil and garum (amphorae) as
well as for agricultural use inland in the Sahel (metalwares). The regional
economic boom, which continued deep into the sixth century, was thus an urban as
well as a rural phenomenon.
45
Addyman 1962, 60–77; Hitchner 1988. Mattingly and Hitchner 1995, 195 argue
that some sort of tenancy arrangement, probably based on the Lex Manciana,
factored into the growth of North African oleiculture in this region at this time.
46
Dossey 2010, passim, esp. 193–203.
128 Chapter Six
which asserts that the tenants of private estates were often cohesive
enough to be regarded as a “plebeian populace” (populum plebeium) unto
themselves.47 The establishment of political solidarity around common
adherence to a large private estate is well attested in the epigraphic record
as well. One thinks for example of the vicani vici Annaei, who dedicated a
structure near the Municipium Semta (Ksour-Dzemda) in Proconsularis
using money provided them by Q. Geminius Arnensis Sabinus, a highly
decorated centurion under Trajan and, presumably, the owner of their
estate.48 Epigraphic examples can be multiplied. On the island of Zambrah,
near Carthage, the plebs fundi [3]itani dedicated an enclosure to the
goddess Ceres, again attesting to estate tenants claiming quasi-civic
status.49 The “Vesatenses”, who made a dedication in the 220s on their
estate at Bouraoui Belhadef (in Proconsularis) to their landlord, the Roman
senator C. Annius Anullinus Geminus Percennianus, show a similar sense
of group identity.50 Another dedication to Anullinus Percennianus was
made at Sidi Bou Skikine by a manager (actor) named Maximus, surely a
slave.51 This combination of slave manager and free tenants would seem
to offer an early example of a phenomenon much better attested in the
fourth through sixth centuries, when slaves were frequently used in high-
level managerial positions to supervise farms populated by coloni.52 But
perhaps the best example of this sort of “synoecism” of farm tenants in
North Africa comes in the Civitas Faustianensis in Byzacena, where the
tenant population of a private estate owned by a Q. Anicius Faustus
succeeded in achieving the status of a fully independent city in the early
fourth century.53 The strength of tenant communities is thus well attested
not just at an economic but also at a political level.
The archaeological record only confirms an impression of ongoing and
even expanding economic prosperity in this third–century period, very
47
Above n. 12.
48
ILTun 778–779.
49
CIL 8: 23022.
50
CIL 8: 27953 = ILAlg 1: 3636; cf. PIR2 A 633. Anullinus Percennianus is
probably the father or grandfather of PLRE I C. Annius Anullinus 3, who is
regularly attested as Proconsul Africae in Christian martyr acts of the Great
Persecution.
51
CIL 8: 27943 = ILAlg 1: 3625.
52
See Vera 1992.
53
M'Charek 2003 with Lepelley 1994.
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 129
54
See Witschel 1999, 285–306 on the third century as a period of economic
flourish in North Africa.
55
AE 1975.883 with Peyras 1975; 1983.
56
See the verse epitaph of Locustius colonicus from Mactaris, CIL 8: 23427 = CLE
1870; cf. ILTun 243, the epitaph of Dion, a Christian, who lived 80 years and
boasted of having planted 4,000 olive trees––although he is not certain to have
been a colonus.
130 Chapter Six
57
Herod. 7.4.2–5; cf. Ioh. Ant. Hist. frg. 224 (Roberto) and SHA Gord. 7.2–4.
58
Herod. 7.4.4: φύσει γὰρ πολυάνθρωπος οὖσα ἡ Λιβύη πολλοὺς εἶχε τοὺς τὴν γῆν
γεωργοῦντας.
59
Cypr. Ep. 55.13.2 (CCSL 3B.270–71): ille qui inquilinos uel amicos suos ad
facinus conpulit et qui inquilinis et colonis pepercit.
60
For chattel slaves in Cyprian see Ad Demetrianum 8 (CCSL 3A.39); De bono
patientiae 6 (CCSL 3A.121); De lapsis 25 (CCSL 3A.234); De mortalitate 16
(CCSL 3A.25); Ep. 11.1.2–3 (CCSL 3B.57).
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 131
Some coloni have been doing harm to emphyteuticarii insofar as, contrary
to custom (praeter consuetudinem), they take over lands which they have
not developed by bringing into cultivation, although the tradition
(sollemnitas) has permitted these to work whatever has been planted up
either in olive trees or vines by their own labor. But they are also
attempting to use the flowing water from springs whose output is credited
to the emphyteuticarii alone. Therefore, we have decided that from now on
the right and power over these waters should remain with the
emphyteuticarii and that only so much may be used from it by the coloni as
is shown to be necessary for the farming of their own lands, which they
themselves cultivate. But insofar as there is surplus flow, which they might
use above and beyond their own crops, they should offer shares and access
points to it to the emphyteutic possessors.61
Several impressions emerge from this law. First, the provision of the
lex Manciana permitting coloni to gain quasi–ownership rights in the vines
and olives which they themselves had planted remained in force into the
early fourth century. Second, coloni felt sufficiently empowered in their
leaseholds to challenge the emphyteutic leaseholders, who technically
oversaw them, for control of arable land and water resources that should
rightly have been reserved to the emphyteuticarii.62 Third, still as late as
319, the emperor continued to benefit from the rivalry he had been
fostering since at least the early second century between his lessees
(conductores, and later emphyteuticarii) and the tenants they oversaw (the
coloni). By setting himself up as the mediator between his tenant–
managers and tenant-farmers, he succeeded once again in encouraging
both groups to compete with one another in devising strategies to
maximize their personal profits and in the process maximized his own
returns.
61
CJ 11.63.1 (my translation). In my analysis, I follow Vera 1988, 967–71; cf.
Courtois et al. 1952, 114–16; Wessel 2003, 111-13.
62
Vera 1988, 978–79 is surely right to emphasize that the lifetime leases of the
emphyteuticarii put them in a much stronger negotiating position vis à vis their
tenants than the second–century conductores, who generally took five–year leases.
Even so, both sorts of long–term leaseholders found their tenants to be a serious
match for their authority.
132 Chapter Six
Fourth century
Of course, Constantine’s rescript was issued shortly before his famous law
of 332 (CTh 5.17.1) that represents our first firm evidence of what has
been termed the “bound colonate.” This is a subject of profound
importance over which disputes have raged for centuries. At present
scholarly opinion is starkly divided over whether “the colonate” in Late
Antiquity represented a definable juridical status or simply a fiscal
category meant to register tenants on tax rolls that has been overblown into
an imagined quasi-serfdom, little more than a “mythe historiographique.”
Without being able to enter into the details of this still unresolved debate
in this study, I state up front that I hold with more traditionalist
interpretations that regard the ius colonatus as a new juridical status that,
although it was developed only over the course of a century and although
it could never be implemented uniformly in a world that was crumbling
into a variety of political jurisdictions even as it came into being,
nevertheless represented a de facto third legal class of persons halfway
between free and slave.63
Regardless of where one stands on the question, Constantine’s law of
332 remains important for this investigation as a watershed in relations
between tenants and landowners. Whether or not the imperial government
was effectively creating a new personal status, it demonstrably was
attempting to limit the personal mobility of coloni to the estate on which
they were born, and this would begin to have profound consequences on
the personal freedom and economic potential of late antique tenants.64 Of
itself the effort to hold tenants on the land of their origo represented an
important shift from earlier patterns, for where attachment to landed
estates had previously been encouraged through the grant of perpetual usus
proprius over any newly developed marginal land, there had been no
requirement that coloni or their offspring remain on the land of their birth
63
For the traditionalist view, see Vera 1987; 1992–1993; Mirkovic 1997; Banaji
1997; Giliberti 1999; Sirks 2008. Kehoe 2008, 163–91 takes a middle ground,
accepting the overwhelming weight of evidence for legal restrictions on movement
by coloni and emphasizing its negative impact on agricultural performance, but not
treating the colonate as an effective new status. For the argument that the colonate
is a mythe historiographique, see Carrié 1982; 1983; 1997; Grey 2007; 2011, also
discussed above at n. 5.
64
We should not lose sight of the fact that there are indications that some aspects
of this policy appear already to have been in place as early as 319, cf. CTh 11.7.2
(Nov. 20, 319); CJ 11.68.1 (Oct. 7, 325).
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 133
65
A fact emphasized throughout the fine study of Grey 2011.
134 Chapter Six
66
Expositio totius mundi 60 (SCh 124.200). For captive African slaves, see CIL 8:
21486 = ILS 4495; CIL 8: 4508 = 18643; Aug. Ep. 199.46 (CSEL 57.284–5).
67
Optat. 3.4 (CSEL 26.82): itinera non poterant esse tutissima, quod domini de
vehiculis suis excussi ante mancipia sua dominorum locis sedentia serviliter
cucurrerunt. Illorum iudicio et imperio inter dominos et servos condicio
mutabatur. See Shaw 2011, 781–2: “The whole context, which speaks of nothing
else, excites the strongest suspicion that these slaves were not chattel slaves
(persons owned as property) as is normally thought, but rather debt–slaves who
were seeking freedom from the unjust treatment imposed on them by the terms of
debt–bondage.... it is most probable that the documents, the tabulae, that were
being destroyed were records of debts owed by peasant workers to landlords.”
68
Symmachus Ep. 7.66. Vera 1986, 258–59 shows beyond doubt that
Symmachus’s Italian labor force consisted largely of coloni.
136 Chapter Six
69
CJ 11.63.3.
70
So also Vera 1987. On the empire as a whole, see Vera 2012, aimed directly at
Harper’s broader thesis. On Italy, see already Vera 1992-1993; cf. Wickham 2005,
259-302.
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 137
beaten with lead–tipped whips (CTh 16.6.4). The law not only confirms
the ongoing use of slaves alongside agricultural tenants in this period but
also points to the degree to which the slave/colonus equivalency had
turned coloni into pawns of their masters and managers in the larger
sphere of religious politics. The two remaining laws on fifth–century
African coloni date to 412 and 414 respectively and were introduced in
order to enforce the findings of the Council of Carthage in 411 at which it
was ordered that all Donatists must reunite with the Catholic church. An
elaborate series of fines was established graded according to rank; on this
scale, slaves and coloni were set on a par and ordered to be converted
either through admonitions or, when necessary, regular whippings by their
masters.71 The 414 law changed tack only slightly by ordering smaller but
more frequent fines for free men who persisted in their Donatism, but
continued to insist on beatings for slaves and coloni and confiscations for
those latter who refused to cooperate.72 Here again, the laws indicate that
slaves and coloni worked alongside one another on rural estates; that the
two were considered rough equivalents; and that as such both were subject
to harsh corporal punishment at the hands of landowners and/or managers.
The corpus of Augustine offers confirmation of the manner in which
the fifth-century landowner was enlisted as a vehicle to carry out the
religious agenda of the Roman church and its secular advocate, the
emperor. The circumstantial details Augustine provides also help fill out
our understanding of the functioning of land tenure and rural labor
organization in the period. His Letter 58 of 401 was written to the Roman
senator Pammachius to congratulate him on enforcing the adherence of his
coloni to Catholicism. Not only does this inform us of the collusion
between landlord and bishop in the enforcement of Catholic orthodoxy
among tenants, it also reconfirms the involvement of Italian elites in North
African agriculture and points to a preference for tenant laborers (coloni)
over slaves on the part of Pammachius.73 A letter of c. 400 to Crispinus,
71
CTh 16.5.52, esp. 4: Servos etiam dominorum admonitio vel colonos verberum
crebrior ictus a prava religione revocabit, ni malunt ipsi ad praedicta dispendia,
etiam si sunt catholici, retineri.
72
CTh 16.5.54, esp. 8: Servos vero et colonos cohercitio ab huiusmodi ausibus
severissima vindicabit. Ac si coloni verberibus coacti in proposito perduraverint,
tunc tertia peculii sui parte multentur. More on these laws at Vera 1992, 465-67.
73
Aug. Ep. 58.1 (CSEL 34.217): ...non tibi tam dilecta catholica unitas foret nec
colonos tuos Afros eo terrarum, unde donatistarum furor exortus est, hoc est in
media Consulari Numidia constitutos tali admoneres adloquio. See also Aug. Ep.
112.3 (CSEL 34.659), where Augustine encourages another senatorial landlord
138 Chapter Six
the Donatist bishop of Calama, presents the same case from the other side.
In it Augustine upbraids his addressee for re-baptizing the farm laborers
on an estate called Mappalia over which he had recently acquired
possession. Augustine provides further information about the same issue
in his treatise Against the Letter of Petilian which reports that what
Crispinus had actually purchased was not the estate itself but rather the
emphyteutic rights to an imperial estate populated by c. 80 coloni. From
the combination of the two sources a picture emerges of a Donatist
bishop’s attempts to enforce his own version of Christian religion on an
estate he controlled––one technically owned by a Catholic emperor––
through the forced rebaptism of its labor force. The letters also make it
clear that said labor force consisted entirely of coloni.74 Crispinus’s
Mappalia was thus on the same scale as the third century fundus
Aufidianus mentioned above with its fifteen habitations each of which
could support a farmer and his family of approximately five individuals.75
Land tenure and labor organization had thus changed very little between
the first and fifth century, even if the status and privileges of the tenant
farmers who cultivated it most certainly had.
Augustine’s letters also confirm that the manipulation of late antique
coloni did not stop with religious politics. Good old–fashioned fraud and
chicanery were also abundantly on show. A striking example of this can be
found in letter 247 to a certain Romulus, a landholder in the territory of
Hippo Regius, whose agent (actor) had collected twice the rent he was
actually owed from his coloni. Augustine asked that Romulus pity these
“wretched and impoverished people” (miseri et egeni homines) and return
what they did not owe, but his plea appears to have fallen on deaf ears.76
Augustine’s New Letter 10* reconfirms the level of poverty to which
coloni were often reduced when it describes a colonus who felt the need to
sell his own wife to slave dealers.77 Similarly, New Letter 24* poses a
series of questions about the legal implications of a law of Constantine’s
permitting fathers to sell their children into slavery, or rather long term
servitude78: if a colonus did so, did this trump the claims of the landlord to
the child’s labor? Could female colonae also sell their children? Could
landlords sell the children of their coloni? Of course, all of this confirms
the co-existence of slaves alongside coloni, but Augustine’s concerns in
the letter seem to be that the sale of colonus children would extract them
from the rural labor force of their landlord altogether. Indeed, the whole
import of the New Letter 10* is that many of Hippo’s peasants had been
precipitously captured or bought by Galatian slave traders (mangones) for
export out of Africa. African coloni were not, then, being recycled to serve
as slaves on other local estates. Rather an African labor force consisting
primarily of coloni was being enslaved for resale in other regions.
A slightly more sanguine picture emerges from New Letter 20* which
describes how the coloni on the fundus Thogonoetensis, yet another
African estate under the ownership of an absentee senatorial landholder,
exercised at least some power over their own destiny by threatening to flee
en masse if they were assigned the infamous swindler Antoninus of
Fussala as their bishop.79 Here again, we have confirmation that tenancy
remained the primary mode for organizing agricultural labor on large
estates in North Africa, and we catch at least a glimpse of the same self-
assertiveness we witnessed in tenants of an earlier age.
Even so, as New Letters 10* and 24* indicate, the line between slave
and colonus had become quite blurred. There is confirmation for the same
from a letter composed by a middling aristocrat from the town of Matar
(modern Mateur) in Proconsularis and preserved in manuscripts of
Orosius.80 This text reveals that its anonymous author had an ongoing
dispute with a certain Salvius, an advocate, who laid claim to all or some
of the coloni on the author’s estate, the fundus Volusianus. These lived in
mortal fear of being separated from their natal soil in a pending court case,
leading the letter writer to plead with Salvius to settle the dispute
77
Aug. Ep. 10*.6 (CSEL 88.46–51). See also Cass. Var. 8.33 (CCSL 96.340–1)
which describes a rural fair in Lucania where rusticani were known to have sold
their children into slavery.
78
Aug. Ep. 24*.1 (CSEL 88.126) with Lepelley 1983. Constantine first permits
child sale with CTh 5.10.1 and CJ 4.43.2 (a. 329).
79
Aug. Ep. 20*.9–21 (CSEL 88.100–106). See also Ep. 20*.29 (CSEL 88.110)
which confirms that Antoninus also used rental tenancy for the land he managed.
80
Lepelley 1989.
140 Chapter Six
amicably. Here we have yet another detailed source confirming the picture
supplied by Augustine of a fundamental reliance on a tenant labor force
that was, nevertheless, so tightly bound to their origo that they could be
forcibly relocated as the result of a judicial ruling.
Finally, as if we needed further evidence of the same pattern, in his
description of the Donatist Crispinus of Calama’s attack on his rival
Catholic bishop Possidius at the fundus Olivetensis, Augustine makes it
clear that this estate was also populated with coloni.81 So too, in his
discussions of the ecclesiastical estate of Hippo he describes at Ep. 35 and
of a Numidian farm called the fundus Strabonianensis mentioned at Ep.
65, Augustine mentions only free tenant farmers.82
When we arrive at the detailed information for rural labor management
provided by the corpus of Augustine and other early fifth century sources,
the conclusion is thus inescapable that the prevailing form of labor
organization was tenancy. Fundamentally, then, coloni rather than slaves
worked North African agricultural estates in the age of Augustine. To be
sure, when subsistence crises or cash scarcity necessitated, the abundant
supply of coloni could be capitalized as human chattel––as the New
Letters reveal––but the demographic basis of rural labor consisted of
bound tenants.
To say this is not to deny that slaves were still used in fifth–century
African agriculture. In the laws on Donatism described above, we have
seen that the emperor and his agents conceived of slaves and coloni as
equally probable laborers on North African agricultural estates.83 In
several narrative passages, Augustine himself also assumes that both
slaves and coloni could be used to cultivate farmsteads.84 Thus, in a
sermon defending two of his newly appointed sub-deacons for having
heretofore failed to liquidate their landed property despite ordination,
Augustine mentions that both had slaves (mancipia) who, we can assume,
were used to cultivate that property. Indeed, Jerzy Kolendo has argued that
small to medium-sized landholders regularly used their moderate familiae
81
Aug. Ep. 105.4 (CSEL 34.598): nisi tertio suppositas flammas coloni eiusdem
fundi propter periculum suae salutis extinguerent; cf. Cresc. 3.46[50] (CSEL
52.458).
82
Aug. Ep. 35.4 (CSEL 34.30–31). For the fundus Strabonianensis, see Ep. 65.1
(CSEL 34.323–33).
83
See above nn. 71-73.
84
See E.g. Aug. En. in Ps. 34(1).12 (CCSL 38.308): si possessionum es amator,
desideraturus es totam terram, ut omnes qui nascuntur, coloni tui aut serui tui sint;
Aug. C. Adim. 15 (CSEL 25.159); En. in Ps. 80.9 (CCSL 39.1125).
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 141
85
Aug. Serm. 356.3 (PL 39.1575–76) with Kolendo 1991, 43; cf. Génelle 2005,
426–29.
86
Vita Melaniae Latina 20-22 (Laurence pp. 190-96); cf. Gerontius Vita Melaniae
Graeca 20-22 (SCh 90.168-72). For the report of 8,000 manumissions, see Pall.
Hist. Laus. 61 (Butler 156).
87
Aug. Civ. Dei 22.8 speaks of a fundus Zubedi that appears to have been
populated with both slaves and tenants. It is not clear, however, that slaves worked
the fields there rather than performing domestic services. In fact, En. In Ps. 79.10
(CCSL 39.1116) would seem to imply that a slave was inclined to function as an
estate messenger while coloni did the agricultural work. Harper 2011, 184 quotes
En. In Ps. 103(3).9 (CCSL 40.1506–7) as an example of agricultural slavery, but
the passage seems rather to treat household slavery in an urban dwelling (domus).
142 Chapter Six
Vandalic period
The Vandalic takeover of North Africa in the 430s by all means ushered in
a shift in political structures, but the question has long remained, did this
have any measureable effect on economic and social relations. Current
scholarly opinion tends to emphasize continuities with the Roman past,
and these are certainly evident in the sources.89 There is some indication,
however, that at least in terms of land tenure and labor management,
significant changes occurred. At a minimum, there is almost no way for
scholars to deny the ample testimony that the Vandals expropriated
property from a large number of elite land–holders.90 Moreover, there is
abundant evidence that the Vandals enslaved many Roman residents of
North Africa in the period of their conquest. To be sure, most of our
sources on the matter point to the enslavement of members of the elite, but
there are also indications that captive taking and enslavement occurred on
a more generalized level.91 In the years following, enslavement was used
88
For a full list of Augustine’s repeated references to slaves and slavery, the vast
majority metaphorical, see Klein 1988.
89
Merrills, and Miles 2010; Conant 2012; Modéran 2014.
90
Modéran 2002.
91
Captivity of elites: Vict. Vit. Hist. 1.13–14; Procop. Bell. 3.5.11; Prosp. Tiro
Chron. 1339 (s.a. 439) (MGH AA 9.477). General captivity: Nov. Val. 13.14;
Possidius Vita Augustini 28; 30.3–14; Quodvultdeus De tempore barbarico 2.1.1–
3, 5.2–23 (CCSL 60.473, 476–77); Salvian. Gub. 6.12.69–70 (CSEL 8.144–45).
Geiseric also enslaved captives seized after Aspar’s failed expedition against his
kingdom in 434, Procop. Bell. 3.4.2–3; Evag. Schol. HE 2.1 (Bidez and Parmentier
pp. 37–38).
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 143
92
Vict. Vit. Hist. 1.43–46; 2.10–11; 2.15–16; cf. 3.62.
93
Fulg. Rusp. Ep. 11–12 (CCSL 91.360–63); cf. Procop. Bell. 3.10.25–34.
94
For raids reported explicitly as having netted captives, see Procop. Bell. 3.5.22–
23; Malchus Hist. fr. 5 (Blockley = Exc de Leg. Rom. 3); Gelasius Ep. 17 (Thiel
381); Priscus Exc. 30.3 (Carolla = Blockley 39.1 = Exc. De Leg. Gent. 14).
95
Prosp. Tiro Chron. 1375 (s.a. 455) (MGH.AA 9.484): multaque milia
captivorum, prout quique aut aetate aut arte placuerunt, cum regina et filiabus
eius Cartaginem abducta sunt; Victor Tun. Chron. 15 (CCSL 173A.7–8).
96
Vict. Vit. Hist. 1.24–27; cf. 1.30–38.
97
Theod. Ep. Sirm. 70 (SCh 98.152–4), datable to 443/448. During his persecution
of Nicenes, Huneric also traded away catholic monks and nuns as slaves to the
Mauri, Passio Beatissimorum martyrum qui apud Carthaginem passi sunt sub rege
Hunirico 2 (Lancel 2002, 213–14). He also sold Manichaean heretics as slaves in
order to buy ships, Vict. Vit. Hist. 2.1.
98
Vict. Vit. Hist. 2.10.
99
Vict. Vit. Hist. 2.15–16. Conant 2012: 102–3 interprets these as incidents of
mere exile, but the aspect of forced labor makes it clear that some form of penal
slavery was involved.
144 Chapter Six
second year after the East Roman reconquest of the Vandalic kingdom, a
revolt arose in large part because Roman soldiers stationed in North Africa
had married Vandalic women who were then asserting their claims over
the land their families had once farmed; this occasioned trouble when
Justinian’s general Solomon reported his willingness to grant them control
of these women’s money and slaves but not the land, which he ordered to
be surrendered to the emperor.100 The implication seems to be that the
farms were cultivated for their Vandal owners by slaves. In the passage
that follows, Procopius reports that the resultant uprising, led by the native
general Stotzas, was bolstered by the participation of many of these slaves
in the armies of their former masters.101 It would seem, then, that this
period of intensive slaving on the part of the Vandals led to an
intensification in the use of slave labor in regional agriculture. If so this
would be entirely in keeping with historical patterns––ancient and modern
––that have witnessed the intensification of slave labor in periods that saw
quantum leaps in captive taking.
Despite this turn to slave labor, the Vandals also surely maintained
tenancy as an established method for exploiting the estates which they had
taken over from their Roman predecessors. We have one piece of textual
evidence that confirms this, a passage in Victor of Vita reporting that
Huneric punished Catholic clergy who had attempted to placate him by
swearing an oath of loyalty––contrary to the Gospel prohibition against
swearing at Matt 5:13––by condemning them to serve as coloni in the
fields of North Africa. Interestingly, those who refused the oath were
punished with exile to Corsica, where they served as penal slaves cutting
timber.102 Huneric’s persecutions also led to the enactment of a decree to
punish procuratores and conductores on royal estates (regalia praedia)
with a doubling of their rent payments, an indication that farm
management had changed little on estates belonging to the crown, even if
we cannot confirm whether the laborers on these farmsteads were slave or
free.103
100
Procop. Bell. 4.14.8–10.
101
Procop. Bell. 4.15.3-4. Fulgent. Rusp. Serm. 1.1-3 (CCSL 91A.889-90) also
points to the use of agricultural slavery in Vandalic Africa, but in an exegetical
passage that cannot be firmly associated with a particular estate.
102
Vict. Vit. Hist. 3.19–20. The Corsican exiles appear to have numbered just 46 if
these are to be associated with the catalog in the Notitia Provinciarum et Civitatum
Africae, Lancel 2002, 252–72.
103
Vict. Vit. Hist. 3.11.
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 145
104
Tab. Albertini 2 (Jun. 5, 494) at Courtois et al 1952, 216–17.
105
Tab. Albertini 26, at Courtois et al 1952, 288: ita placuit ut secundum quod est
in condi/tionem quod in polepticos clarit fici arbores quindecim annos quinque / et
olibe arbores quindecim ut exsudet pensionem s(oluat).
106
Ex culturis suis mancianis: Tab. Albertini 4, 9, 10, 11, 12, 13, 14, 17, 19, 20,
22, 23, 24. More on the tablets at Dossey 2010, 119–20; Conant 2012, 281–83,
with earlier bibliography. Already in the late second century we have attestations
to tenants making express claims to Mancian tenancy, ILTun 629 = AE 1938, 72:
C(aius) Aufidius Utilis Manciane cultor.
146 Chapter Six
centuries after one discounts for the paucity of information about Vandal
North Africa.
Sixth century
With the Roman reconquest of North Africa in 533–534, we witness an
effort on the part of the eastern court to reestablish the bound colonate as
the dominant mode of agricultural production in the region. One can
already get an inkling of this preference of the Roman government for the
structuring of rural labor around tenancy rather than slavery in two
fascinating documents from the reign of Valentinian III. Both were
designed to restore fiscal stability and repopulate imperial estates in the
provinces of Mauretania Sitifensis, Mauretania Caesariensis, and Numidia
Constantina after these had been retroceded to the imperial government by
the Vandals in a treaty of 442. In the first, Novel 13 of 445, Valentinian
radically cut tribute rates in these provinces by seven–eighths and offered
a variety of further indulgences to recalibrate tax and service burdens,
including strictly forbidding the ordination or military enlistment of
tenants because of the current “scarcity of coloni” (13.8: raritate
colonorum). More tellingly still, in his Novel 34 of 451, Valentinian
ordered:
107
Nov. Val. 34.3 (a. 451); cf. Vict. Vit. Hist. 1.14 on the exile of bishops, clari
and honorati by the Vandals.
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 147
108
Nov. Just. App. 6 (Schöll / Kroll p. 799).
109
Nov. Just. App. 9 (Schöll / Kroll p. 803).
110
Nov. Post. Just. Coll. 1 No. 6 (570, Mar. 1) (Zachariä von Lingenthal ed., at
Zepos and Zepos 1: 10–11).
148 Chapter Six
Conclusion
Beyond this series of sixth–century legal pronouncements we can no
longer say precisely what became of a system that was clearly straining
under its own weight. Whether the bound colonate and its attendant fiscal
structures survived to the eve of the Arab conquest remains unknown.
What is certain is that the penchant toward peasant tenancy rather than
slave labor had a long and enduring history in North Africa. In only two of
the six centuries covered in this study do we have relatively abundant
evidence for the use of agricultural slavery, the second and the later fifth–
early sixth. Even in these periods, however, tenancy is well attested in
solid documentary sources that make it clear that it certainly competed
both demographically and economically with slavery as a reliable
generator of surplus.
Nowhere is the heavy reliance on tenancy more apparent than in the
early fifth century world of Augustine, precisely the context Harper has
singled out as a bellwether of a thriving “slave society” in the late antique
West. Augustine’s high resolution details on the personnel of numerous
early fifth-century farmsteads leaves no room for doubt that tenancy far
111
Nov. Post. Just. Coll. 1 No. 13 (582, Aug. 11) (Zachariä von Lingenthal ed., at
Zepos and Zepos 1: 24).
112
Fentress et al. 2004 note a general decline in archaeological evidence for
settlement in North African in the sixth century.
Peasant and Slave in Late Antique North Africa, c. 100-600 CE 149
Bibliography
Addyman, Peter. 1962. “The Archaeology of the Sbeitla Area: an Interim
Report.” Brathay Exploration Group, Annual Report 1962, 60–77.
Banaji, Jairus. 1997. “Lavoratori Liberi e Residenza Coatta: Il Colonato
Romano in Prospettiva Storica.” In Lo Cascio, Elio, ed. 1997. 253–80.
—. 2001. Agrarian Change in Late Antiquity: Gold, Labour, and
Aristocratic Dominance. New ed. Oxford Classical Monographs.
Oxford: Oxford University Press.
150 Chapter Six
—. 2015. Africa, quasi Roma. 256 av. J.-C–711 ap. J.-C. Paris: Éditions
du CNRS.
Lengrand, Denis. 1996. “Les notables et leur propriétés: La formule ‘in his
praediis’ dans l’Empire romain.” REA 98: 109–31.
Lepelley, Claude. 1967. “Declin ou stabilité de l’agriculture africaine au
Bas–Empire? A propos d’une loi de l’Empereur Honorius.” AntAfr 1:
135–44.
—. 1983. “Liberté, colonat, et esclavage d’après la lettre Divjak 24*
d’Augustin: La jurisdiction épiscopale de liberali causa.” In Les lettres
de Saint Augustin découvertes par Johannes Divjak. Actes du colloque
réuni à Paris les 20 et 21 septembre 1982, 329–42. Paris: Collection
des études augustiniennes.
—. 1989. “Trois documents méconnus retrouvés parmi les spuria de
Sulpice Sévère.” AntAfr 25: 235–62.
—. 1994. “La création de cités nouvelles en Afrique au Bas-Empire: Le
cas de la civitas Faustianensis,” In Yann Le Bohec, ed. L’Afrique, la
Gaule, la Religion à l’époque romaine: Mélanges à la mémoire de
Marcel Le Glay, 288-99. Brussels: Latomus.
Leveau, Philippe. 1984. Caesarea de Maurétanie: Une ville romaine et ses
campagnes. Rome: École française de Rome.
Lo Cascio, Elio. 1997. Terre, Proprietari e Contadini dell’Impero
Romano. Dall’affitto Agrario al Colonato Tardoantico (Incontro
Studio di Capri, 16–18 Ottobre 1995). Rome: NIS.
Mattingly, David J. 1988. “Oil for export? A comparison of Libyan,
Spanish and Tunisian Olive Oil Production in the Roman Empire.”
JRA 1: 33–56.
—. “Olive Oil Production in Roman Tripolitania.” In Buck, David J., and
Mattingly, David J., eds. 1985. Town and Country in Roman
Tripolitania, Papers in honor of O. Hackett, 27–46. Oxford: Oxford
University Press.
Mattingly, David J. et al. 2001. “Leptiminus (Tunisia): A ‘Producer’
City?.” In Mattingly David J., and Salmon, John. 2001. Economies
Beyond Agriculture in the Classical World, 66–89. London: Routledge.
Mattingly, David J. and Hitchner, R. Bruce. 1995. “Roman Africa: An
Archaeological Review.” JRS 85: 165-213.
Mattingly, David J., Sterry, Martin, and Leitch, Victoria. 2013. “Fortified
Farms and Defended Villages of Late Roman and Late Antique
Africa.” AnTard 21: 167–88.
Mazzarino, Santo. 1951. Aspetti sociali del IV secolo. Ricerche di storia
tardo–romana. Rome: «L’Erma» di Bretschneider.
154 Chapter Six